GHULAM SHABBIR Versus STATE
This criminal appeal arises from an order of the Lahore High Court rejecting the post-arrest bail petition of the appellant, Ghulam Shabbir, who was implicated in the murder of Ghulam Hussain. The core legal question concerns whether the appellant was entitled to bail given that the initially charged accused were discharged by the police during investigation and the appellant was subsequently substituted on the basis of weak circumstantial evidence, including an extra-judicial confession and last-seen evidence, despite the multiplicity of injuries suggesting multiple assailants. The Supreme Court of Pakistan held that the appellant was entitled to bail and allowed the appeal, directing his release upon furnishing appropriate surety bonds. The key principle laid down is that where an accused is substituted later on doubtful circumstantial evidence and weak extra-judicial confessions, and the nature of injuries indicates the involvement of multiple persons with a distinct motive originally attributed to others, further inquiry into the guilt of the accused is warranted under the law, making out a fit case for bail.
- Whether an accused substituted during investigation on weak circumstantial evidence is entitled to post-arrest bail?
- Does the presence of multiple injuries indicating more than one assailant warrant further inquiry into the guilt of a sole substituted accused for the purpose of bail?
- Whether an extra-judicial confession and last-seen evidence of doubtful nature constitute sufficient grounds to deny bail?
MIAN BURHANUDDIN KHAN, J‑‑ Ghulam Hussain was murdered in the night between the 13th and 14th October, 86 and his dead body was thrown in Main Wali Kassi'. The dead body was recovered on the morning of 14‑10‑1986 at 8 AM. Rab Nawaz father of the deceased lodged the report in Police Station Talagang wherein he charged three persons namely Muhammad Afzal, Masood Akhtar and Muhammad Ashraf for committing the murder of his son Ghulam Hussain for the reason that the deceased was suspected of having illicit relation with the wife of Muhammad Afzal. Masood Akhtar was close relative of Muhammad Afzal's wife while Muhammad Ashraf was a friend of both.
Later on, during the investigation all the three above‑named persons were let off being innocent and the appellant was arrested for making an extra‑judicial confession in the presence of Muhammad Akram and Haji Muhammad Akbar PWs and on the testimony of Noor Muhammad and Rustam Khan that they had last seen the deceased in the company of the appellant. Application for bail was submitted by the appellant to the learned Additional Sessions Judge, Chakwal but the same was rejected per order dated 4‑3‑1987. He then filed an application for bail before the Lahore High Court but the same was also rejected by a learned single Judge vide the impugned order dated 31‑3‑1987. Thereafter the appellant approached this Court through petition for leave to appeal. Notice was issued to the State and the petition was converted into appeal.
2. It is urged by the learned counsel for the appellant that the accused persons, initially charged, have been discharged on the report of the police and the appellant has been substituted later on the weakest possible evidence. He further submitted that there being no motive for the appellant to commit the crime, the case against him, therefore, becomes highly doubtful; that the numerous injuries caused to the deceased would show that the same have been inflicted by more than one person who had strong motive to commit the crime; and that the extrajudicial confession is also doubtful.
3. We have examined the points raised by the learned counsel, and we are of the view that the appellant Ghulam Shabbir is entitled to be released on bail. He shall be so released on bail on furnishing ail in the sum of rupees twenty‑five thousand with two sureties ink the like amount to the satisfaction of the trial Court.
M. B. A./G‑19/S Bail granted
Cited by 1 case
- ZUBAIR KHAN vs THE STATE 2011 MLD 1246